IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20526 of 2008(R)
1. E.C. CHERIYAN,
... Petitioner
Vs
1. THE SECRETARY, ATHIRAMPUZHA GRAMA
... Respondent
2. THE REVENUE DIVISIONAL OFFICER,
For Petitioner :SRI.M.V.BOSE
For Respondent :SRI.RAJESH THOMAS,SC,ATHIRAMPUZHA G.PAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/07/2008
O R D E R
ANTONY DOMINIC, J.
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No. 20526 OF 2008 R
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Dated this the 18th day of July 2008
J U D G M E N T
Ext. P9 communication issued by the Revenue Divisional
Officer, Kottayam to the respondent Panchayat not to assign
number to the building constructed by the petitioner is under
challenge in this writ petition. The premise on which Ext. P9 is
issued is that the building has been constructed by the petitioner, in
a land which was reclaimed. This implies that the allegation is that
the petitioner has violated the provisions contained in the Kerala
Land Utilisation Order. A reading of Ext. P9 itself shows that the
land in question has been reclaimed long in the past. Panchayat
also confirms this position. If that be so, for the only reason that
sometime in the past the land was a paddy field there is no
justification to decline the numbering of the building of the
petitioner. Therefore, I do not see any merit in the view taken by
the Revenue Divisional Officer in Ext. P9. Accordingly Ext. P9 will
W.P.(C) No. 20526 OF 2008
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stand quashed and the Panchayat shall consider the application
made by the petitioner for numbering the building on its merits and
pass appropriate orders within 2 weeks.
2. Writ petition is disposed of as above.
Petitioner shall produce a copy of this judgment before the
respondent Panchayat for compliance.
ANTONY DOMINIC
JUDGE
jan/-